Wentworth v Graham

In the matter of *Wentworth v Graham*, the New South Wales Court of Appeal considered an application by the respondent concerning the conduct of the appellant, Miss Wentworth, in ongoing proceedings. The dispute centred on Miss Wentworth's history of making numerous interlocutory applications and her conduct during court hearings.

The Court was required to determine whether to exercise its inherent power to restrain Miss Wentworth from making further unwarranted and vexatious interlocutory applications without leave. This involved assessing whether her litigation history demonstrated a pattern of unmeritorious applications, repeated refusal to accept judicial rulings, and disruptive behaviour in court, including excessive oral arguments, applications for judicial disqualification, and displays of rudeness and discourtesy.

The Court reasoned that its inherent jurisdiction could be invoked to prevent an abuse of process and to ensure the proper administration of justice. It noted Miss Wentworth's persistent engagement in satellite litigation, her repeated challenges to judicial decisions, and her intemperate behaviour, which included making scurrilous and baseless allegations. The Court found that such conduct constituted an abuse of process and warranted the imposition of restrictions on her ability to initiate further interlocutory applications.

Consequently, the Court ordered Miss Wentworth to show cause in writing why she should not be restrained from bringing any interlocutory application in the proceedings without first obtaining the leave of either Ipp JA or Brownie AJA. This restriction was to apply to all interlocutory applications, including a foreshadowed application to set aside previous orders. The Court also ordered that applications for leave be made in writing, without oral hearing, and that all further hearings in the proceedings would be conducted solely on written submissions. Furthermore, Miss Wentworth was restrained from applying for the disqualification of either judge unless based on cogent fresh evidence.